What does 49 CFR 40.81 (What laboratories may be used for DOT drug testing?) require?
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Based on 49 CFR 40.81, the requirements for laboratories participating in DOT drug testing depend on where the laboratory is located:
* Laboratories in the U.S.: Must be certified by the Department of Health and Human Services (HHS) under the National Laboratory Certification Program (NLCP) for every specimen testing methodology they perform.
* Laboratories in Canada or Mexico (that are not HHS/NLCP certified): May only participate if:
1. The DOT (based on a written HHS recommendation) has approved the lab as meeting or being fully equivalent to HHS certification standards; or
2. The DOT (based on a written HHS recommendation) has recognized a Canadian or Mexican certifying organization as having equivalent standards, and that organization has certified the lab.
* General Requirements for All Participating Laboratories:
* Must comply with all requirements of 49 CFR Part 40.
* Must comply with all applicable HHS requirements when testing DOT specimens (whether or not those HHS requirements are explicitly written in Part 40).
* Must avoid noncompliance; if the DOT determines a laboratory is noncompliant, it can face Public Interest Exclusion (PIE) proceedings, which would make the lab ineligible to participate in the DOT drug testing program.
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